P-549

The Ministry of Health (the Ministry) received two requests under the Freedom of Information and Protection of Privacy Act (the Act) from the same individual, for access to all records relating to the investigation of an allegation that the requester had sexually harassed a co-worker.

The Ministry notified the person who filed the sexual harassment complaint of each request and invited her to submit her views regarding disclosure of the records. The complainant objected to disclosure of the records claiming the exemptions in sections 17(1)(d), 19 and 21 of the Act to the record identified as responsive to the first request, and sections 17(1)(d) and 21 of the Act in respect of the records identified as responsive to the second request. In response to each request, the Ministry decided to grant partial access to the records. The complainant appealed each decision.

Mediation of the appeals was not successful, and notice that inquiries were being conducted to review the Ministry's decisions were sent to the appellant, the Ministry and the requester. Representations were received from all parties.

• FIPPA
• 17(1)(d)
• 2(1) personal information
• 49(b)

• another individual's personal privacy
• Discretionary Exemption
• Harassment Complaint Records
• labour relations
• Personal Information (Definition)
• Third Party Information
• unjustified invasion of
• whether able to raise exemption not relied upon by institution